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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 26.6 Default

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 26.6

Default

26.6 Default

(cf SCR Part 29, rule 5)

(1) If a receiver fails to comply with a requirement of these rules, or of an order or direction of the court--
(a) to file an account or affidavit, or
(b) to attend on the hearing of an application for an order to pass an account, or
(c) to do any other thing,
the court may make such orders and give such directions as the court thinks fit.
(2) Without limiting subrule (1), the orders and directions that may be made or given include orders and directions--
(a) for the discharge of the receiver, and
(b) for the appointment of another receiver, and
(c) for the payment of costs.
(3) Without limiting subrule (1), if a receiver fails to comply with a requirement of these rules, or of an order or direction of the court, to pay into court any sum shown by an account as due from the receiver, the court may charge the receiver with interest on that sum, at the relevant rate set out in rule 36.7(1) or such lesser rate as the court may determine, while that sum is in his or her possession as receiver.
(4) This rule does not limit the powers of the court as to the enforcement of orders or as to the punishment of contempt.